Trump's appeal frames New York case as politically charged, challenges state law jurisdiction

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Tuesday, Oct 28, 2025 11:58 am ET2min read
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- Trump's legal team appeals 2024 hush money conviction, claiming "fatally marred" legal errors and political bias in New York state court proceedings.

- Appeal challenges jurisdiction, argues federal law preempts state charges and demands recusal of Judge Merchan over alleged conflicts of interest.

- Prosecution faces criticism for stacking time-barred misdemeanors and using presidential communications as evidence, contradicting Supreme Court immunity rulings.

- Case tests presidential immunity boundaries and state prosecutorial authority, with parallel federal appeals seeking broader legal challenges.

President Donald Trump's legal team has formally appealed his 2024 New York hush money conviction, arguing that the case was "fatally marred" by legal errors and political bias, according to a filing late Monday with the state's intermediate appellate court. The appeal, submitted by Trump's Sullivan & Cromwell attorneys, contends that federal law preempts the state charges and that the trial judge, Justice Juan Merchan, had conflicts of interest that required his recusal, according to

.

The conviction, which carried 34 felony counts of falsifying business records to conceal a $130,000 hush money payment to adult film actress Stormy Daniels, was secured in May 2024 after a six-week trial. Trump, who denied any wrongdoing, was sentenced to an unconditional discharge in January—avoiding jail, fines, or probation—citing a U.S. Supreme Court ruling that granted presidents broad immunity for official acts,

. However, his legal team now asserts that the prosecution improperly leveraged evidence tied to Trump's official conduct, including communications with former White House aide Hope Hicks and social media posts, which they argue should be protected under presidential immunity doctrines, .

The appeal also challenges the validity of the charges themselves, claiming Manhattan District Attorney Alvin Bragg "manufactured" felony counts by stacking time-barred misdemeanors under a "convoluted legal theory" not intended by New York law, ABC News previously reported. Trump's attorneys further criticized Merchan for failing to recuse himself over political contributions he made in 2020 and his daughter's work for a marketing firm with Democratic clients, which they say compromised his impartiality,

. Merchan previously rejected similar recusal requests, citing an ethics advisory opinion that found no conflict, the outlet noted.

The filing frames the prosecution as a politically motivated effort to hinder Trump's 2024 presidential campaign, calling it "the most politically charged prosecution in our Nation's history," the filing said. This mirrors arguments raised during the trial, where Trump's team emphasized the case's partisan context and the Supreme Court's immunity ruling as grounds for dismissal. The appeal now joins a parallel federal request to transfer the case to federal court, where Trump could challenge the conviction on broader immunity grounds, according to

.

The Manhattan district attorney's office has yet to respond to the appeal but previously defended the case as a legitimate enforcement of state law. A spokesperson for the office did not immediately return a request for comment, Bloomberg Law previously reported. Legal analysts note the appeal's path is complicated, as New York's Appellate Division will first review the arguments before potential higher court interventions.

Trump's legal strategy reflects a broader pattern of challenging adverse rulings through multiple judicial avenues. His team also recently appealed a $500 million civil fraud judgment, though an appellate court upheld liability while reducing the damages, Business Insider reported. The hush money case, however, remains unique as the only one of four criminal proceedings against Trump to result in a conviction.

With the appeal now underway, the case is expected to test the boundaries of presidential immunity and state-level prosecutorial authority. The Appellate Division's First Department, which will hear the case, has not set a timeline for its decision.

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